M O HASAN KUTHOOS MARICAR P LTD Vs. JOSEPH K THOMAS

JUDGEMENT

(1.) The Appeal arises out of the Judgment of the District Consumer Disputes Redressal Forum, Madras in O. P. No.10/90 on its file. The opposite party before the District Forum is the appellant before us.

(2.) The Complainant-respondent placed an order with the appellant company for a Contessa Classic Car and paid Rs.2,15,000/- by a pay order drawn on the Union Bank, Chamiers Road, Madras on 3.8.89 on the oral assurance that the vehicle would be delivered within 2 weeks therefore. But the delivery was made only on 10.10.89. He therefore alleges unfair trade practice and deficiency in service and claims interest at 18% per annum on the above sum for a period of six weeks.

(3.) The appellant opposite party while admitting the receipt of Rs.2,15,000/- by pay order, has denied that any assurance of delivery within 2 weeks was given. There was no unfair trade practice or deficiency in service. The jurisdiction of the District Forum, Madras and the claim of the respondent as a consumer, the purchase of the vehicle being for a commercial purpose were also disputed.